Airline price fixing compensation will not be going to Kent Air Ambulance, an American judge has ruled.

British Airways and Virgin Atlantic have already agreed to refund £73.5million to UK passengers who bought tickets between August 2004 and March 2006, when an illegal fuel surcharge was added.

But David Philpott, chief executive of the Marden-based charity, wanted claimants to be given the option to donate their share to air ambulances across the UK.

He also wanted any unclaimed funds, after the 2012 deadline, to be given to air ambulance charities.

He travelled to California, where the legal action is being handled after the judge previously decided compensation for American customers could go to charity if it was unclaimed after the deadline.

Mr Philpott said: "Although we are disappointed the judge was unable to intervene, the process has facilitated a discussion directly with the airlines involved and we still optimistic of a fair outcome."